RLUIPA and Prisoner’s Rights: Vindicating Liberty of Conscience for the Condemned by Targeting a State’s Bottom Line
Gary R. Rom, 44 Val. U. L. Rev. 283 (2009)
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RLUIPA prohibits the government from imposing a substantial burden on a prisoner’s religious exercise unless that burden is in furtherance of a compelling interest. When a RLUIPA violation occurs, prisoners can bring suit against the government for injunctive or declaratory relief, but the Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits are split on whether RLUIPA allows prisoners to seek monetary relief despite the states’ traditional immunity under the Eleventh Amendment. This Note argues that in its present form, RLUIPA allows prisoners to sue government officials in their official capacity and for monetary relief.
First, Part II provides the history and events surrounding RLUIPA’s enactment, chronicles the scope of the constitutional powers Congress relied on to enact RLUIPA, and discusses courts’ differing interpretations concerning the availability of damages. Next, Part III analyzes whether RLUIPA in its present form allows prisoners to sue states for monetary relief. Finally, Part IV argues that key provisions of RLUIPA can be interpreted broadly to enable prisoners to sue states for monetary relief.
